Court : Jharkhand
Reported in : 2001(49)BLJR1605; 2001CriLJ3573
ORDERDeoki Nandan Prasad J.1. This application has been filed under Article 226 of the Constitution of India by the sole petitioner, who is widow of late Sudhir Singh alias Bhoma for an appropriate writ/order/direction upon the respondents for compensation as the husband of the petitioner was murdered while he was in jail custody.2. The short facts giving rise to this application is that the petitioner's husband Sudhir Singh was arrested in connection with some criminal case by the police and remanded to jail custody on 22-1-1999 while her husband was in jail custody and undergoing treatment in the jail Hospital at about 7.30 in the evening, other prisoners led by one Anil Sharma with more than dozen of his associates attacked the petitioner's husband with Chhura, iron rods, belts etc. resulting in his death. Accordingly, the First Information Report was also lodged by one Hare Ram Singh alias Manoj Singh being Sadar (Lower Bazar) PS Case No. 53 of 1999 for the offences under Sections ...
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2078
..... arguedthat there is nothing specific in the first information report to show that the appellant had violated any kind of order under section 7 of the e.c. act on the other hand, the learned additional public prosecutor contended before me that there is no illegality in the impugned judgment.4. before appreciating the contention of both ..... of paper in respect of cement and, as such, the first information report was lodged against the appellant for the offences under section 7 of the e.c. act and section 414 of the indian penal code. the informant being pw 1 was examined and after hearing both sides, the learned judge convicted and sentenced the appellant ..... 67 of 1983 (t.r. no. 139 of 1985) whereby and whereunder, the learned judge convicted the appellant under section 7 of the essential commodities act (hereinafter referred to as 'the e.c. act') and sentenced him to undergo rigorus imprisonment for three months.2. the prosecution case, as stated, is that the informant nand lal ojha, the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR1351; [2002(94)FLR644]; (2002)IIILLJ175Jhar
..... psu it is for the company or the promoter to ensure carrying out their legal obligations/responsibilities cast upon them by higher court's directions instead of seeking protection under sica. hence, board would not extend benefit to allow the sacrosanct taw to be misused and that too by government being a promoter. hence the ..... such a direction has been given effect to and it has become final. (5) on issuance of prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labourin regard to conditions of service, the industrial adjudicator will ..... it appears from the order dated 26.7.2001 referred to above the appellant had approached the bifr under the provisions of sick industrial companies (special provisions) act, 1985 and the bifr also rejected the appellant's prayer for stay and instead clearly directed that the appellant should implement the orders passed by the court .....
Tag this Judgment!Court : Jharkhand
Reported in : 2002(50)BLJR2223
..... provides for the prevention, control and abatement of air pollution, and for establishment of the boards to carry to effect the purposes of the act. environment (protection) act. 1986, is a legislation which does not restrict in its application to certain individual environmental matters nor does it specifically focus on pollution of ..... lay any claim that he was a person having knowledge and experience in administering institutions dealing in environmental protection matters. actually he did not lay any claim to have administered any institution ever in his entire life time. what thus emerges is that the bio-data filed by mr. shahdeo is nothing but an attempt ..... in self-aggrandizement. even in this self-aggrandizement exercise (which has nothing to do with any environmental protection matter or pollution control related activities) there is .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR127(Jhr)]
..... , learned counsel for the petitioner and mr. suresh kumar learned j.c. to aag.2. in a criminal case under the provisions of sections 25 and 26 of the arms act, the petitioner was arrested and sent to jail. he remained in jail during the period 14.9.1994 to 30.6.1996 whereafter he was released. in the mean time .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]138STC121(Jharkh)
..... of this court clearly held that the operational activity of the petitioner would not amount to 'manufacture' as contemplated by section 2(n) of the act. it is noteworthy to observe that the supreme court upheld the high court judgment firstly while dismissing the special leave petition and secondly while declining to ..... be held entitled to the grant of exemption from the purchase of raw material. the word 'manufacture' has been defined in section 2(n) of the bihar finance act, 1981 and reads thus :'2(n) 'manufacture' with all its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing or otherwise ..... of the petitioner the division bench took into account the definition of the term 'manufacture' as occurring in section 2(n) of the bihar finance act, 1981 and taking into consideration the operational aspects of the manufacturing process carried on by the petitioner disagreed with the contention advanced on behalf of the petitioner .....
Tag this Judgment!Court : Jharkhand
Reported in : II(2003)DMC186; [2003(2)JCR499(Jhr)]
..... 1.1989 and, therefore, petition under section 125, cr. p.c. is not maintainable, rather that petition ought to have been decided under the muslim women (protection of right on divorce) act, 1986. thus, the impugned order if fit to be set aside.6. on the other hand, the learned counsel appearing on behalf of the opposite party no. ..... below and there is no denial about marriage and the court below has rightly passed the order allowing maintenance.. it is admitted, that due to misunderstanding their marriage life was not happy and they had taken consenting divorce before the village panchayat but some mehr has not been paid to the wife of which she is entitled and, ..... no. 2 also filed the counter affidavit admitting herself about divorce but that matter is also subject to consideration of the court below.8. section 15 of family courts act, 1984 reads as under :' 15. record of oral evidence--in suit or proceedings before a family court, it shall not be necessary to record the evidence of witnesses .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR663(Jhr)]
..... undertaken since substantial amounts were due to the company from the society, the society not having repaid the various loans taken by it and it was necessary for protection of the company and the amounts due to it. there was no statutory obligation on the company to run a store or to supply articles to the employees ..... . it is also clear from the decision of the supreme court in m.m.r. khan v. union of india, 1990 (supp) scc 191, parimal chandra raha v. life insurance corporation of india, 1995 (supp) 2 scc 611, in indian petrochemicals corporation ltd. v. shramik sena, air 1999 sc 2577, and the earlier decision of the labour ..... establishment formed a co-operative society known as the 'bokaro steel product employees co-operative consumers store, ltd.. it was subsequently registered under the bihar co-operative societies act and its registration no was bgs 1/73. the society was registered with the object of (sic) the common interest of its members and for providing various facilities .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar69; [2003(4)JCR481(Jhr)]
..... and other minerals does not in any way affect the interest of labourers. the advocate general submitted that in the given situation, the authority concerned under the wild life (protection) act, has issued the present notification/order. he pointed out that it is not as if this is the only viable route. there is another route, ..... according to the petitioner, there was no justification in preventing movement of the vehicles as has been done by issuance of the said notification under the wild life (protection) act. he has also submitted that the action of preventing movement of vehicles through the said road has badly affected the people of the area and such ..... environment, the notification has been issued under section 33(b) and section 35(8) of the wild life (protection) act, 1972. it is also submitted that plying of heavily loaded vehicles through the area has caused serious threat to wild life and has restricted the movement of animals since plying of vehicles used to produce a lot of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR1887; [2003(3)JCR807(Jhr)]
..... trial court on solemnization of the marriage and consequent conviction thereon is illegal and (iii) the informant would have taken the recourse under the muslim woman (protection of rights on divorce) act, 1986.5. i have heard both the parties, perused the lower court records and evidence. first i take up the point whether the informant would have ..... the counsel for the petitioner as he has failed to inform this court whether again the informant and the revisionist are living together. if they would have resume their life again as husband and wife, that could have been a mitigating, factor, despite the allegations made, in the interest of maintenance of the institution of marriage, to ..... this case, pw 1, the father of the informant, pw 3, informant, and the mother of the informant, pw 2, have been examined. no doubt, there has been wild departure from what has been alleged in the fir, ext. 1, in the evidence given in the court, but in substance some facts remained unshaken and these are (i) .....
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